Medicaid Planning Lawyer in Jacksonville
Smart Medicaid planning for Jacksonville families
Medicaid rules can feel impossible to navigate alone, especially when a loved one suddenly needs care. Our Jacksonville attorneys help families understand eligibility, protect assets legally, and plan ahead for nursing home or assisted living costs. At Berg Bryant Elder Law Group, we bring both knowledge and empathy to every case, helping you make confident decisions without losing what matters most.
The cost of long-term nursing care in Jacksonville can exceed $12,000 per month. Without proper planning and support from a Medicaid planning attorney Jacksonville, these expenses can quickly deplete a lifetime of savings, leaving little for a spouse or heirs.
Medicaid planning isn’t about giving everything away or hiding assets. It’s about using legal strategies to restructure finances in a way that protects what you’ve worked for while meeting Medicaid eligibility requirements. At Berg Bryant Elder Law Group, our Jacksonville Medicaid planning attorneys help families preserve their hard-earned assets while qualifying for the care they need.
Beyond saving money, Medicaid planning offers peace of mind.
Medicaid planning refers to the legal restructuring of assets and income to help you qualify for Medicaid benefits while preserving as much of your wealth as possible. In Florida, Medicaid is the primary payer for long-term nursing home care for those who qualify.
Many people mistakenly believe they must spend all their money before Medicaid will help. The truth is that Florida and federal laws allow for various planning techniques that can protect assets while still qualifying for benefits.
Medicaid planning involves strategies such as:
Proper Medicaid planning must be done carefully and with full knowledge of Florida’s complex eligibility rules.
To qualify for Florida Medicaid long-term care benefits in 2025, applicants must meet both income and asset limits:
In 2025, Florida’s income cap is $2,901/month, and the countable-asset limit is $2,000 for an individual. The community spouse can retain up to $157,920 under the CSRA.
For a single applicant, countable assets cannot exceed $2,000. For married couples where only one spouse needs care, the at-home spouse may keep up to $157,920 in 2025 (this amount adjusts annually).
Some assets don’t count toward the Medicaid limit, including:
Working with a qualified Medicaid planning lawyer helps ensure your plan follows all legal requirements while maximizing asset protection.
Duval County
Clay County
St. Johns County
Florida Medicaid reviews all financial transactions made within five years before applying. Gifts or transfers for less than fair market value during this period can result in penalty periods of ineligibility. This makes advance planning crucial.
Our Florida Board Certified Elder Law Attorneys tailor Medicaid planning strategies to each family’s unique situation. Common approaches include:
These specialized trusts can protect assets from being counted for Medicaid eligibility purposes when properly structured and funded outside the five-year lookback period.
For those with income above the Medicaid limit, these trusts allow excess income to flow through a special account, helping you qualify for benefits despite higher income.
These specialized deeds allow you to maintain control of your home during your lifetime while setting up an automatic transfer upon death—all without triggering Medicaid penalties.
Some assets count against Medicaid eligibility while others don’t. Strategic conversion of countable assets to exempt assets can preserve resources while helping you qualify.
Married couples have additional planning options, including strategies that protect the at-home spouse from impoverishment while the other spouse receives care.
Our process ensures you receive a customized plan that addresses your specific situation.
The best time to plan for Medicaid is well before you need it. Here’s why:
Planning five or more years before needing benefits offers the most options and greatest asset protection. Early planning allows you to take advantage of strategies involving asset transfers without concern for the five-year lookback period.
While the five-year lookback creates challenges, various legal strategies can still help protect a significant portion of your assets even if you might need care within this timeframe.
Even if you or a loved one is already in a nursing home or about to enter one, legal strategies exist to protect a portion of your assets. While options may be more limited, our attorneys can often save 40–60% of assets even in crisis situations.
At Berg Bryant Elder Law Group, our Florida Board Certified Elder Law Attorneys have helped hundreds of Northeast Florida families successfully plan for Medicaid. We take the time to learn about your unique situation and create a personalized plan that protects what matters most.
Don’t risk your life savings on long-term care costs. Contact us today to schedule a consultation and take the first step toward securing your financial future while ensuring access to the care you may need.
No, your primary residence is generally an exempt asset for Medicaid eligibility purposes (up to certain equity limits). However, without proper planning, Medicaid may place a lien on your home after your death to recover benefits paid. Our attorneys can help protect your home from estate recovery.
No, it’s never too late. While pre-planning offers more options, crisis planning strategies can still protect a significant portion of your assets. Don’t assume you must spend down all your savings before seeking help.
Simply giving away assets can trigger penalty periods that delay Medicaid eligibility due to the five-year lookback rule. Any gifts or transfers made within five years of applying for Medicaid must be reported and may result in periods of ineligibility. Proper planning with an attorney can help you avoid these pitfalls.
Medicare only covers limited short-term skilled nursing care (up to 100 days) following a hospital stay. It does not cover ongoing custodial care for chronic conditions. Medicaid, by contrast, covers long-term nursing home care indefinitely for those who qualify financially.
Only licensed attorneys can provide legal advice about Medicaid planning strategies. The Florida Supreme Court has ruled that non-attorney Medicaid planners who provide such advice are engaged in the unauthorized practice of law, which is a felony in Florida. Additionally, attorneys carry malpractice insurance and are regulated by the Florida Bar, providing you with protection if mistakes occur.
Serving clients throughout Duval, St. Johns, Clay, and Nassau Counties including Jacksonville, Jacksonville Beach, Neptune Beach, Atlantic Beach, Ponte Vedra Beach, Orange Park, Fleming Island, St. Augustine, and surrounding areas.
